"Taylor II" Case Status Updates (only) - RC Groups
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This thread is privately moderated by JohnATaylor, who may elect to delete unwanted replies.
May 29, 2017, 11:56 AM
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"Taylor II" Case Status Updates (only)

This thread will be used for case updates only.

Discussion, which is certainly welcome, should take place in other threads. Thanks.

Here are the significant documents from the “Taylor II” case. The case challenges the FAA’s authority to create 14 C.F.R. 101.41, and the inclusion of all non-336 conforming activities within Part 107 - which requires testing and licensure, and is generally considered applicable to commercial operations.

It raises many of the same issues as the Taylor I case regarding whether model aircraft are properly “aircraft” under our statutory and regulatory scheme, whether the FAA has legislative authority to regulate low-altitude activities that don’t directly affect the traditional navigable airspace. It also challenges whether the FAA has acted arbitrarily and capriciously in adopting regulations which, in context with other existing laws, simply don’t make sense.

The Regulation:

Taylor Brief:

FAA Brief:

Taylor Reply Brief:

The Reply Brief was filed on May 12, 2017. Based on the timing of other cases, I would expect that in October, the court will set it for oral argument in December. Of course, with the FAA reauthorization before Congress this summer, the case could be derailed by legislative action.

Again, please do not post comments, etc. in this thread, but feel free to post them elsewhere.

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Nov 08, 2017, 06:29 PM
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This case has been scheduled for oral argument on January 25, 2018.

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